Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Can a caviet on a house with two ownership be carried out…

Customer Question
Can a caviet on...

Can a caviet on a house with two ownership be carried out without the knowledge of the other

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

In victoria melbourne

Lawyer's Assistant: Has anything been filed or reported?

Yes on one of the house owner

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is basicly what I want to know if the court can proceed an order to sell the house without the other owners knowlrdge

Submitted: 8 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 2 hours by:
9/23/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,047
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 8 months ago

Dear customer, caveats are a form of a statutory injunction and may only be lodged by persons who have an estate interest in land.

In relation to your question, a sale may still proceed while a caveat is lodged against the title, however, settlement will not be able to be completed if the caveat is not removed.

A party cannot confer a right under contract to lodge a caveat where no caveatable interest exists. However, if there is a proprietary right created through contract, which creates an interest in land a caveat can be registered against that land.

A caveatable interest is a proprietary interest. In Municipal District of Concord v Coles (1906) the court held: it is only a person who has a legal or equitable interest in land, partaking of the character of an estate in it or equitable claim to it, who can lodge a caveat.

Considering this point another way. An existing proprietary interest at law or in equity will support both the lodgement and extension of a caveat, whereas a straight contractual right will be insufficient. The legal and equitable interest must presently exist and not be a mere potentiality.

There needs to be no relationship between the registered proprietor and the interests of the caveator, all that is required to lodge a caveat is a legal or equitable interest in the property.

Once the caveat is lodged, it will remain in place until removed by the caveator or by order of the court.

Some examples of caveatable interests include:

1. A purchaser under a contract of sale.

2. A lender that finances a property.

3. A building contract which contains a charging clause for a caveat but this claim is with risk.

4. An option to purchase or repurchase land supported by valuable consideration.

5. A caveat may be lodged pursuant to an implied trust.

6. A caveat may be lodged pursuant to a constructive trust.

7. Personal representatives of a deceased estate have a right to lodge a caveat to protect the estate.

Caveats may be lodged under a range of claims, but caution must apply because wrongly lodging a caveat can destroy a registered proprietor’s right to deal with the land in the way that party requires. And in order to protect registered proprietors, a party that wrongly lodges a caveat without reasonable cause, the registered proprietor will be able to bring a claim against that party for compensation and damages sustained.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don't forget to leave positive feed back.

Kind regards
John Melis

Ask Your Own Australia Law Question
Was this answer helpful?
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,047
3,047 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I bought an car from interstate "western australia" im from
Hello i bought an car from interstate "western australia" im from south australia adelaide so for me to beable to regsteir it here i had to get an id check when i had taken my car to the id station th… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
We are a tech startup which has basically an online
Thank you, ***** ***** a tech startup which has basically an online directory. To launch we are looking at doing what Google and others have done with business listings, in adding businesses and allow… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I'm a descendant of Godwinson how do I challenge the current
I'm a descendant of King Harold Godwinson how do I challenge the current Royal family line of succession. … read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
We have bought Professional Indemnity Insurance through a
We have bought Professional Indemnity Insurance through a broker. Do we have to pay in full the broker fee they charge or can we pay only some of it. Ann … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I loaned a so called friend $3000 over 3 years ago with the
I loaned a so called friend $3000 over 3 years ago with the promise of repayment within 6 months. Repeated emails. phone calls and a home visit have brought no response. My last email indicated I woul… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I have just have a solar connected thru origin. how do i
i have just have a solar connected thru origin. how do i know they are giving me a right deal … read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I was scammed on 1/6/June 2018 where I unwittingly gave them
I was scammed on 1/6/June 2018 where I unwittingly gave them my account details. I phone the bank as soon as I realized what I had done. They have asked me to do an Acorn report, which this is part of… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I renewed my lease in February (after 2 years) requesting
Hi - I renewed my lease in February (after 2 years) requesting from the Landlords Agent a six month lease. Documents were signed and a copy of the lease emailed to me from the Landlords agent advising… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
If my car runs into my home and does structural damage am I
If my car runs into my home and does structural damage am I correct in thinking the comprehensive insurance policy of my car will deal with both damages to the car and the house. Also I have been info… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
How often does the empolyer have too put salary sacrifice in
How often does the empolyer have too put salary sacrifice in too there super fund ? over the last 8 months i have put a lot in but there has been little put in . … read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I was sexually abused by my cousin when i was 4 by my 16year
I was sexually abused by my cousin when i was 4 by my 16year old cousin i wa later raped when i was 21 resulting in obortion i have PTSD due to the events and the phycosis that comes with having paren… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
My car got some oversprsay on it damages around $1000.00. I
My car got some oversprsay on it damages around $1000.00. I tried to call the contractor where we stay overnight he hang up 3 times and say he is not going to pay it. We phoned then the bodycorporayte of the building they said contractor is responssble for it. So its backwards and forwards. Can you please assist me on this. … read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
Going through a custody case atm and my ex has now thrown in
Hi going through a custody case atm and my ex has now thrown in paternity. we are waiting for dna to come back as interim orders were adjourned until result comes in. My baby is 2 yrs old and i was a … read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
My fiancé and I had a very sever fight a couple months ago,
Hi there. My fiancé and I had a very sever fight a couple months ago, where she assaulted me and I called the police to prevent myself (the Male) from retaliating and hitting her back. Now the police … read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I'm self-represented and require clarification with a
I'm self-represented and require clarification with a special leave to appeal notice to the high court on the following: A concise statement of the leave or special leave questions said to arise. What… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I'm looking to grab some advice on a personal training
Hey, I'm looking to grab some advice on a personal training course contract that I have to pay out for but I never actually started it. I still owe $6075 that needs to be paid but it just doesn't seem right that I have to pay for a course that I never actually started although I signed the contract. I set everything up to start the course and just as the course was about to start I realised that the timing of this course wasn't right for me so I didn't want to continue. Is there some way that I can get out of this problem? … read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I have had an issue with Go Master card. Yesterday I
Hi Pearl, I have had an issue with Go Master card. Yesterday I received a letter of dishonour. Last month I I set up a new bank account I had drafted a letter to all of my direct debit company's. When… read more
John Melis
John Melis
Lawyer
3,047 satisfied customers
I had/have an auto credit card payment for a web domain
I had/have an auto credit card payment for a web domain registration. Do they need to notify me each year before payment is made … read more
John Melis
John Melis
Lawyer
3,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x